DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/114)

G & C HORSBURGH FAMILY TRUST T/AS G & C INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2020

Application for approval of the G & C HORSBURGH FAMILY TRUST T/As G & C INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the G & C HORSBURGH FAMILY TRUST T/As G & C INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, G & C Horsburgh Family Trust t/as G & C Installations Pty Ltd sought approval for the Enterprise Agreement 2019-2020 with the CFMEU (Victorian Construction and General Division). The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This case involved examining whether the agreement contained all mandatory terms, was free from prohibited content, and complied with procedural fairness. The Commission also considered whether the agreement adequately protected employees' rights and interests.

The primary legal issues addressed were whether the agreement correctly specified all mandatory terms, such as minimum wages, penalties, and dispute resolution mechanisms. Additionally, the Commission scrutinised whether the agreement contained any prohibited content, including terms that might undermine employee rights or be otherwise unenforceable. Another critical aspect was whether the agreement had been negotiated in good faith and whether there was adequate procedural fairness in its formation. The Commission also evaluated whether the agreement provided fair and reasonable terms for both the employer and the employees.

After reviewing the agreement, the Commission determined that it met all statutory requirements for approval. The agreement contained all necessary mandatory terms, did not include any prohibited content, and was negotiated in good faith. The Commission found that the agreement was fair and reasonable, providing a balanced approach to the rights and interests of both parties. Consequently, the Commission approved the Enterprise Agreement 2019-2020.

The Fair Work Commission approved the Enterprise Agreement 2019-2020 between G & C Horsburgh Family Trust t/as G & C Installations Pty Ltd and the CFMEU (Victorian Construction and General Division), effective from the date of approval. The Commission's decision confirmed that the agreement complied with all statutory requirements, including the inclusion of mandatory terms, absence of prohibited content, and adherence to procedural fairness. The approval ensures that both parties can rely on the agreed terms for the duration of the agreement.

G & C HORSBURGH FAMILY TRUST T/AS G & C INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established